breakfast..there's no words for that))) you're watching cbs 5 eye witness news in high definition. it's in vain. they survived their deployment and then you come home and get shot. can you imagine that? there's no word for that. >> a killing rampage at a nevada ihop. we learned a fourth person has died in that attack, bringing the death toll to five. >> they are behaving like slum lords and that's not acceptable. >> turning the tables, how some homeowners are trying to

hold banks accountable. >> it's overwelming a little bit to have something tangible. so abstract. >> remembering 9/11. the piece of ground zero that is right here in the bay area. good evening, i'm ken. >> and i'm dana king. tonight we are learning more about what happened during a deadly shooting spree in nevada this morning. >> and we just learned about an hour ago that third national guard member shot in that attack has died tonight. police say local carson city resident shot 11 people in and around an ihop restaurant and turned the gun on himself. he was pronounced dead at the hospital. four other people were killed. three national guard members and one woman. police say he arrived at the restaurant at 9:00 a.m. in a blue minivan. he had two assault rifles and a handgun. joe vazquez is there where

there's a growing memorial for the victims of the rampage. >> reporter: police are still on the scene of the crime scene. the ihop restaurant you see behind me. they are collecting evidence and talking to witnesses. we spoke to one witness off camera. he didn't want to talk on camera, but he said it was just very sudden. the man stormed into the place, started firing an automatic weapon. this man grabbed women and children, went out the back door, shut off the alarm and at some point, that spurred the man to go out the door himself where he took his own life in the parking lot. by candle light on the capital grounds, about 200 gathered to grieve a mass murder at the local ihop. while police still try to understand why. >> we feel very sorry. i never thought he was going to do something like that. >> tonight, eduardo's brother apologized on behalf of his family, but isn't saying much

more. >> they said he had mental health issues, can you explain? >> my father and mother don't know anything about it. >> off camera, another family members tells cbs that he was diagnosed skits frantic, that he had an episode in february that required them to be sedated. adds long as he was taking his pills he was fine. >> i start hearing bam, bam. >> the shooting happened just after 9:00 a.m. he drove up in a blue minivan and pulled out an ak-47. first he shot a woman on or near a motorcycle. he also fired at a barbecue shop. >> he locked the door and started shooting at us. >> he walked deep inside the ihop. all the way to the back. he saw a group of uniformed national guard troops and opened fire at that table. police are still trying to figure out whether he was

targeting national guard members or whether his targets were random. he worked at his family's meat market in south lake tahoe where he came in contact with hundreds of people, customers who thought they knew him. >> every time i came to the store, he said nothing but a positive attitude. you couldn't tell if he was going through something. you couldn't tell. >> a family member reports he had collected guns for years, but he recently sold most of his weapons. most, but not all. officials say the victims who are army national guard were full-time. they are not releasing many other details, but military colleagues told reporters members of the local guard units have had multiple deployments in recent years. >> it's insane. they survive their deployment and then you come home and have breakfast and get shot. can you imagine that? i mean there's no word for that, right? >> police have scheduled a 9:00 a.m. news conference to release some of the names of the victims. a spokeswoman for the national

guard told me they will start to release some of the histories of these folks and you can bet there are going to be deployments. we are talking about two wars going on and these folks have been deployed. sadly, ken, this is what they are trained to do, to work with families, to console them because they expect that they are going to be casualties over there, not in an ihop restaurant in carson city, nevada. >> unexpected and un explainable. joe vazquez is live in carson city, thank you. stricter regulations for utilities this friday. the same day as san bruno marks one year since the deadly pipeline explosion. survivors and lawmakers were in the devastated crest more canyon neighborhood today pushing for new laws. eight people were killed and 38 homes destroyed in that explosion. among the list of proposed regulations, san bruno assembly member wants automatic shutoff

valves to be added to the pipeline. >> it had regulators, been more individual lent and critical of pg and e. the ticking time bomb that was line 132 behind us could have been defused. >> it is very important that we pass along a very strong message that pipe safety needs to be governed by somebody else other than pg and e. >> assembly member hill says pg and e estimates the cost to safety upgrates to top $2 billion. the utility wants customers to pay 90% of that and hill calls that, quote, absurd. the city of richmond has one of the strictest laws about taking care of foreclosed properties. but, the city says three banks have found a way to get around that. robert lyles shows us how residents are trying to hold banks accountable. >> lucas street. >> anything from dead animals

to sanitation issues. >> it was a dream of homeownership came to die. >> trucks were driving up and literally dumping. >> and dumping. even construction trucks that came through here. >> there's nothing dignified about the burials here. three homes next door to one another were all buried in trash. >> there was a property that where it sat this high. >> you mean neck high? >> neck high. >> lost to mortgage foreclosure and once the homeowners were forced out, the drug dealers moved in. but put down the remote, this isn't the same tail of foreclosure. instead, all over central and north richmond. >> the bank is often very slow or downright unwilling to attach their name to a property. >> the bank is supposed to board up or maintain fore closed homes, sis richmond's police chief or face one of the

tough foreclosure fines in the bay area. >> it's $1,000 a day. >> but the banks aren't paying because city code enforcement says they are leaving the home in the name of the foreclosed homeowner. >> they are behaving like slum lords. >> the worse offender is followed closely by bank of america and wells fargo. hoping to collectively fight the banks, demanding that each board up, clean up, and pay up or else. >> we will foreclose on you, if you foreclose on us, we will foreclose on you. we will take our money out of the banks. >> drastic actions for what homeowners call a dire situation. >> this pose a certain risk? >> it does to me. it does to me. hot weather, this is a fire has sadr. all it takes is an ash of spark. >> robert lyles, cbs 5. >> checking other bay area headlines, former president bill clinton is coming to the

bay area next month. he'll deliver the keynote speech at the first blueprint for healthy community summit. mr. clinton's speaking fee is $10,000. but the bay area air quality management district, which is spoon soring the event says they expect to raise the money through corporate sponsorship. it looks like the battle over same sex marriage in california is going back to federal court. at a hearing today, all seven supreme court justices signaled they will not prevent sponsors of proposition eight from appealing a previous federal judge's ruling that declared prop 8 unconstitutional. the state supreme court is issue expected to issue a final decision in eight days. a mosque is caught in the middle of a parking battle. the islamic center wants to expand its attendance by several hundred people and there is plenty of room to do that, but neighbors want to

put the brakes on that plan. >> it was standing room only to talk about the seemingly mundane topic of parking. >> does this push back surprise you? >> totally. shocker. we never had this year. >> the valley islamic center wants to increase its capacity from 325 to 541 people every friday afternoon. which means they'll need more parking. there are 714 spots total and the study found even if the mosque hit its new capacity. it would be less than 2/3 full. the mosque says why not put those spaces to good use? >> the study clearly shows that there's enough parking available and half of it is being used currently. >> but the operator was one of nearly half of the businesses in the complex to complain. >> we want to be good neighbors. but i think we have to take into consideration fairness for everybody. >> this petition was

circulated among neighboring businesses, saying the mosque would result for every man, woman, and child. mosque leaders say the petition was incorrect and several tenants retracted it. >> as far as them not able to agree and sit down with us and have a discussion, that itself tells me that something else is on his mind. >> std a time that is tough for individuals. islam phone yay phobia is spreading to . >> only a few speakers were against the mosque expansion. >> there is going to be a place for them to park, so they go somewhere else. that's the way a business person looks at a situation like that. >> and so the planning commission told the mosque and the office park to go back to the drawing board and figure out this parking issue on their

own. until then, the mosque has a temporary use permit until november 1. cbs 5. all across the country this week, there are growing tributes to the victims of the worse terror attacks in u.s. hawaiily. the bay area is now home to a rare piece of september 11 history. don knapp shows us how it's being used as a symbol of strength. >> it is still under construction. it needs to get the finished stucco. >> it's just a piece of steel from the trade center towers destroyed in the 9/11 attack. we saw the pile of rubble the steel came from in 2001. the cape tan had almost given up on getting a piece of it when a box arrived in may. >> it is very emotional to be able to touch something that was actually there at the world

trade center site. it brings me back and i think most americans back to the time when this occurred. >> for firefighters, there's a personal connection. >> for us here, it's to remember and not forget the 343 firefighters that died that day doing their jobs. >> firefighters volunteered their work and built this monument to be unveiled sunday morning at 11 minutes after 9:00. residents and business people have been watching the monument take shape. >> we asked what color and she almost came to tears. just -- she came over, she touched it. and it was very emotional for her just right then. >> passers by this evening were surprised by their own reaction. >> oh, it's overwelming to have somethin and so abstract. >> this stirs up a lot with you. >> in just about every category of emotion.

>> out of town the day of the attack. he says he refused to watch videos of the planes into the tires. >> i would sit on the highway. emergency crews came in. it was one of the most beautiful -- yeah, it brought tears to my eyes. i felt glad to be a human being. >> it is to be sure a piece of ordinary steal, but the emotions it draws out from those who see it are truly amazing. don knapp, cbs 5. >> well, it's up to the governor now. the chinese delicacy one step closer to extinction. >> and the new sayings naked people would have to do when in public, if a lawmaker gets his way. >> and the popular pain relievers this could double the risk of a miscarriage. ,,,,,,,,,,,,,,,,,,,,,,

while many of us reach for them every time we have a headache, but if you are pregnant or trying to conceive, you might want to pass on certain brand-name pain

relievers. french and canadian researchers compared more than 4,000 women who had miscarriages to those who didn't. nearly 8% of women who lost their babies had at least one prescription of nonaspirin antiinflammatory drugs. 2.5% of women who did not use a pain reliever had a miscarriage. although the reason for the link is unknown, researchers urge pregnant women to be cautious when taking medications. the state of california one step ease closer to banning a traditional chinese delicacy. the state senate voted 25-9 to ban the sale, trade, or possession of sharks fin. the key ingredient in sharks fin soup. conservation groups called for the ban, because it contributed to the decline of sharks worldwide. if the governor signs the bill, it will go into effect in 2013.

it is not against the law to be naked on the streets of san francisco. but the right to public nudity could soon come with some restrictions. elizabeth cook on what is behind the supervisor's proposal. >> people who live in san francisco have been called many things. but shy isn't one of them. >> this is a city where people do like to express themselveses and sometimes you have to bring that in a little bit. >> isn't considered taboo. on any given day, you will see at least one naked person. >> it increased. it has gotten more noticeable. >> public nudity has become a bigger and bigger issue. >> it's legal in san francisco to be naked as long as you're not aroused. but scot weiner says it is becoming a public health issue and he is refusing to turn the other cheek. he proposed legislation that would make it mandatory to cover your chair if you are

naked and to stay out of restaurants. not surprisingly. >> a little bit giggly. >> mr. weiner is already trying to regulate it. >> he uses his pants to protect his seat. >> if you're going to hang out here because of the nature of the seats, it's not very comfortable. not to have the cloth barrier. >> most of the nudists were not against the idea and happy to talk about it. however, some people who live in the area feel weiner's legislation has little to do with sanitation. >> i actually have seen these guys and they are clean. they are clean. they are just naked. and that's what is upsetting people. he wants the legislative about nudity. he doesn't want to legislate about sanitariness or he would be saying let's make sure that those posts that people touch are cleaned every hour. that's legislation i want to

see. the first offense under weiner's new proposal would be a $100 fine. the second would be a $200 fine. a third, $1,000 penalty. plus up to a year in jail. back to you. >> wonder where you carry your wallet? all right, thank you. >> got to hold it. let's hope they have some sun block because even though we have patchy clouds tonight, tomorrow is beginning to be the hottest day of the workweek. triple digits. i'll show you where when we come back. ,,,,,,,,,,,,,,

we spend a lot of time together. well mainly in traffic. i'm serious. we've been together, what, a super long time. true. and at first it was all business, you know, i'd take him here, i'd take him there. everywhere. and over the years, we've really bonded. sure. why else would you always buy me chevron with techron? 'cause we need gas. i think it's more than that. i think that you care about me. you're a good friend. best friends? um, uh, yes, best friends. yeah. [ male announcer ] your car takes care of you. care for it. chevron with techron. care for your car. ow.

tuesday night, by the time the day did come to an end, 62 degrees in half-moon bay to 100 degrees in livermore. able to see the 73% waxing moon on its way to becoming a full moon september 12. able to see it because it is offshore. tomorrow morning a little hint of patchy fog near the golden gate bridge. otherwise it's going to pan out to be a hotter day everywhere tomorrow and it's the fourth spare the air day of the summer

season. let's get down to business. 100 degrees in morgan hill. everybody is going to be talking about tomorrow. east bay numbers up to 102 and printwood, tracy, okayly, also discovery bay. 101 in pleasantton. north bay numbers streaming from the upper 60s to 90 degrees. it will be 75 in san francisco. up from today's high of 70. the low clouds, the marine clouds offshore 800 feet deep. that's shallow, staying offshore. the bulk of the day. tonight overnight, temperatures into the 50s and 60s with that hint of fog next to the coast. so there you go. our transition day will be on thursday. friday additional cooling takes place and it looks like we'll see seasonal temperatures, perhaps higher humidity from tropical moisture over the weekend. that is the pinpoint forecast. guys. we'll be right back after this. ,,,,,,,,,,,,,,,,,,,,

rookies tonigh gainst san diego out with the old, in with the new. the giants leaned on two rookies tonight. 1986, giants rookie hit a home run in his first major league at bat against nolan ryan. no giants had done it since,

until tonight. first swing in a big league uniform. a line shot into the western metal supply company. two-run jacked and got a squeeze on the cheeks from wallly. i mean aubrey huff in the dugout right there. another rookie, eric making his second career start. he pitched five innings, giving up five runs and carlos beltran made sure he got it. tied at 3 in the 5th. base hit, justin making his giants debut. beltran, 11 for his last 15. giants win 6-4. bring him back. he is a free agent after the year. what does it all mean? the giants are six games back with 20 to play because colorado beat arizona tonight. a's, the problems continue for gonzalez. the a's hosted the royals tonight. home runs by eric and jeff francoeur. back to back jacks set the tone for kansas city. they beat the a's 7-4. nfl

announced the 49ers would not be suspended for a dui he got last year while with the new york jets. >> i'm here to be the guy. >> the nfl fine edwards $50,000 for the mistake in judgment. edwards has not yet been named a starter, but folks, this guy is a play maker. huge edition and going to play this sunday against the saints. we're going to start the top five with manny pacio turning the press conference into a concert. ladies and gentlemen, everyone just left the building. let's face it, the giants are falling on their rear ends and again it could be worse. you could be the padres and nuke ky right there. number three, apparently home plate umpire forgot his

protective gear in colorado. at least he was able to laugh that one off. at number two, rafael nadal had a cramp during a press conference. carolyn mocks him after her match today. and at number one, luis makes the glove toss to cabrera and cabrera completes the throw. double play, tigers beat the indians 10-1. congratulations david. he is tonight's winner by $250 shell gasoline card. you too can win and we'll be right back. ,,,,,,

i tell ya, i work a long day, every day. i hang my head out the window. oh man, we're delivering everything you can think of: plywood, cement. i, i enjoy the breeze on my tongue. well uh, and every weekend, seems like we're headin' down to the lake. we're pullin' a boat or somethin'. i don't know why. i just do. it's not a problem. i don't mind as long as we always stop at chevron and get that techron stuff. my ears flop around too. check it out. [ male announcer ] your car takes care of you, care for it. chevron with techron.

care for your car. it's hard work; i need a nap.